Welcome to Ireland!
 
 
 
 

The terms and conditions of travel complete §§ 651a ff BGB and describe the legal relations between the traveller and Andree`s Angelreisen. Based on the recommendation of the DRV (Deutscher Reisebüro-Verband = German tourist agency association), these conditions are created subject to § 38 GWB and will be accepted by you when booking. In a case where a difference exists between these conditions and a particular advertised offer, the advertised conditions shall take priority. Please read them as well as the following text carefully.

1. Registration and confirmation
By registering, you bindingly offer the conclusion of a travel contract to us. This registration can be made telephonically, verbally or in written form. Your registration is also made out for every other person who is mentioned in the registration and you will vouch for their obligations as you will vouch for your own, when you have expressly and separately assumed liability for them. The contract closes by your acceptance of it and you will receive a written confirmation of your registration. If the content of your confirmation differs from the content of your registration, this confirmation will be seen as a new offer to which we are bound for 10 days. Based on this new offer, the contract closes when you accept the offer within the period stipulated.

1a. Security-certificate for travelling
In the case where you have booked either a package tour, a holiday apartment or a yacht, you will receive the included R + V- insurance policy when you receive your confirmation of travel. For other individual services (e.g. booking of rental cars), the legislator has not provided security-certificates.

2. Payment
Following the confirmation of your booking the following payments become due: 20% advance payment of the total price. For car hire bookings we collect a prepayment after booking. The balance you pay directly at carrental desk on arrival. Please pay the remaining amount - without a separate request for payment - not later than 4 weeks before departure. Cancellation charges or charges for changes of bookings become due immediately. When getting your holiday apartment, cabin-cruiser, camper or other rented things, the agency, which renders these services, can demand an appropriate deposit for extra costs, which you have to pay, and for any possible damages.

3. Travelling program and services
The scale of the contractual services results from the service description in the particular offer, from the general information in the catalogue as well as from the specific information within the confirmation. The information given in the catalogue is binding for us. But we expressly reserve the right to change these information before the contract closes; and if so, you will be informed about these changes before booking your trip. In case of booking a holiday apartment, a lease contract will be closed between you and Andree`s Angelreisen for which german law will be effective. In the case where it is not expressly mentioned in the program, you will have to pay the additional property expenses (e.g. for electricity, gas, heating) immediately and separately to the service rendering agency.

4. Changes in services and prices
Differences and modifications of travel services which become necessary after the conclusion of the contract and which were not effected by us against utmost good faith, are permitted as long as they are not too extensive and as long as they are within the limits of the trip which has been booked. Possible guarantee claims stay effective, as far as the modified services are flawed with defects. We will immediately let you know about these changes and deviations in services. Where necessary, we will offer you free rebooking or free cancellation of the contract. In case of an increase of the carriage costs or costs for particular services (like groundages and airport charges) or in case of a fluctuation of the exchange rates which are effective for the particular trip, we reserve the right to change the prices, which were announced and confirmed with your booking, as much as the increase affects the price of travel per person respectively per seat, provided that there are more than 4 months between the conclusion of the contract and the preconcerted date of departure. If the travel price or an essential travel benefit subsequently changes, we will let you know about this change immediately or not later than 21 days before the date of departure.
In case of an increase of price which is more than 5 % or in case of a significant change of an essential travel benefit, you have the right to withdraw from the contract for free or to demand participation in an equivalent trip, as far as we are able to offer you such a trip without any additional charges. You immediately have to assert these rights after you have receive our information about the increase of price or change of travel benefit. If transport rates change which are officially fixed or approved, a price alignment is, without fulfilling more qualifications, acceptable, as far as the minimum price of scale would otherwise fall below.

Price quotation
In some cases it might be possible that our prices in our catalogues or in our internet shop may be wrong. In this case you cannot expect to receive the product to this particular price which is quoted in our pricelist. Our prices are legally to be seen only as a part of a request to the offer. (The legal term would be: “invitatio ad offerendum)   

5. The right of withdrawal of a customer, rebooking, substitude participants
5.1. The right of withdrawal from the contract

If you withdraw from the travel contract or if you don`t participate in the trip, we can demand reimbursements for the preparations, which were made, and for our expenses. In consideration of the commonly saved expenses and possible displacements of our claims for compensation, this claim is a lump sum. The amount of the claim of compensation can be taken from number 18 of these terms and conditions of travel

5.2. Rebooking
If you want us to change the date of departure, the destination, the place of departure, the accommodation or the mode of transaport after booking, the same amount of charges incur as in case of your withdrawal. Therefore we have to charge the same amount of costs which would have been incurred in case of your withdrawal during the time of your booking. If you want us to make just marginal modifications, we just charge an arrangement fee of 25,- EUR.

5.3. Replacing participants
By the time of departure, every registered travel participant can be replaced with a different person as long as we get informed about these changes. If a different person replaces a registered travel participant, you are obligated to pay the extra costs which incur due to the replacement, at least 25,- EUR. We can disallow the replacement, when the replacing person does not correspond to the requirements of the particular trip or when official orders are opposed to the replacement. If a replacing person enters into the contract, you and the replacing person are liable for the payment of the travel charge and for extra costs which incur due to the replacement, as co-debtors.

5.4. Form of statements
Statements concerning the withdrawal from a contract, reebookings or changes and modifications, should be issued in written form due to your own interests and to bring forward proofs.

6. Not used services
If you don´t make use of several travel services because of an early return journey or because of other compulsory reasons, we will ask the presenter to make restitution for the saved expenses. We are relieved from this obligation when these services are completely irrelevant or when other official orders are opposed to a restitution.

7. Withdrawal and cancellation by the travel business
Under the following circumstances, we can withdraw from the travel contract before departure or cancel the travel contract after departure:
a) without adherence to a time limit, when the traveller disturbs the realisation of the trip regardless of the conditions or when he/she behaves contrary to the contract to such a degree that the immediate cancellation of the contract seems to be justified. If we cancel the contract, we still assert our claims to the travel charge; but we have to impute the amount of the saved expenses as well as the advantages which we obtain from the ulterior displacement of the not used services including the income which we receive from the presenter.
b) up to 2 weeks before departing, when an announced or officially fixed minimum turnout could not be reached and when the minimum turnout has been declared in the advertised offer, we are obligated to let you know that the trip can`t be realized, and to supply you with this information immediately. You will immediately be refunded the paid travel charge. If it is previously obvious that the minimum turnout can`t be reached, you will be informed about that.
c) up to 4 weeks before departing, when the realisation of the trip is, despite of all efforts, not reasonable for us, because the revenue of the bookings is so undercharged for this trip, that the expenses which would be incurred in realising the trip would breach the economical minimum limit, unless we are responsible for this happening. We will inform you about the reasons and we will try to submit a comparable offer to you. If the trip is cancelled because of these reasons without substitution, you will be refunded the travel charge immediately. In addition to this you will be refunded your costs for booking (15,- EUR lump-sum), unless you have not booked the substitute offer.

8. Cancellation of the contract due to force majeure
In case of cancellations due to force majeure, § 651j BGB is effective.

9. Liability of the travel business
9.1. Liability for our own services

Within the limits of the due diligence of an ordinary businessman, we assume liability for
- the conscientious preparation of the trip
- the careful selection and control of the agency which renders services
- the correctness of the service description, but not for those pieces of information which are taken from catalogues that are not published by us
- the proper provision of services which are contractually stipulated.

9.2. Servants
We assume liability for the defaults of our servants and assignees.

9.3. External labour
If passengers are carried in scheduled services within the scope of a trip or in addition to a trip and if a passenger gets an identity card for this transport, we render external labour for as much as we have explicitly pointed it out in the particular advertisement. Therefore we do not assume liability for rendering these services themselves. A possible liability is regulated by the terms and conditions of these companies to which we refer explicitly and which we open to you by request. Neither do we assume liability for defaults which appear in connection with other services that are just put across as external labour and that are pointed out as external labour in the advertised offer.

10. Warranty
10.1. Remedy and cooperation duties

If the travel services are not rendered as provided in the contract, you can demand remedy. We can also find remedy by rendering an equivalent substitute service for you. We can refuse to find remedy, when this would demand extravagant expenses from us. To find remedy, your cooperation is required - irrespective of our prior duty to render services. Therefore you are bound to do everything that is reasonable for you, in order to help to solve the problem and to keep the amount of possible damages as low as possible. You are especially bound to report your complaints immediately. To do that, you are bet to contact our local staff at your resort (q.v. travel documents). Provided that the travel documents do not contain a reference to local agents, please get directly in touch with us! If necessary, you can send a telegram. Please always quote the travel number which you can find on your voucher/lease contract, the destination and the dates of departure.

10 .2. Reduction of the travel price
For that period of time, where travel services have not been rendered as provided in the contract you can demand a markdown of the travel charge (reduction). You cannot demand a reduction as far as you have culpably missed the opportunity to report your complaints.

10. 3. Cancellation of the contract
If the trip is seriously affected due to a default and if we don`t find a remedy within an appropriate period of time although you have demanded for remedy, you can cancel the travel contract within the limits of the legal requirements. Does this happen, you will owe us the amount of the travel charge that has been used for the taken services, unless these services haven`t been completely costless for you.

10. 4. Amends
You can demand for amends, unless we are responsible for circumstances which affect the trip negatively.

11. Existing terms concerning your passport, special visa, devices and health
We will inform you about existing terms concerning passports, visa and health, and about their changes before departure. If you don`t have the german nationality, the responsible consulate will inform you about these terms. Even though you have commissioned us to provide the required visa, we do not assume liability for the appropriately timed issue of this visa by the particular diplomatic representation, unless we are responsible for the delay. You yourself are responsible for the compliance with formalities which is required for the realisation of the trip. All disadvantages, which result from your non-compliance, are your own responsibility, unless they are a consequence of an incorrect information or misinformation which we have culpably given.

12. Limitation of liability
12. 1. Contractual limitation of liability

Our contractual liability for damages, which are not bodily injuries, is limited to the ternary travel price,
1. as long as the damage of the traveller is not caused by us premeditatively or through gross negligence or
2. as long as we are responsible for a loss incurred by the traveller due to the only default of a service rendering agency.

12. 2. Legal limitation of liability
A claim for damages is limited or excluded, when statutory provisions or international agreements, which are effective for services rendered by an agency, constitute this claim to the rendering agency under specific conditions or restrictions or when the claim is excluded or cannot be asserted according to these terms.

13. Exclusion of claims and prescription
You cannot assert claims in regards to the supply of services, that were not according to contract, within one month after the stipulated end of the travel. After the expiration of this term, you can assert claims just in case you could not expire the term without default. It is in your interest to assert claims in written form. Your claims prescribe within one year. The prescription begins from the day that is the stipulated end of the travel. Claims for battery or murder prescribe after three years, claims according to the "2. Seerechtsänderungsgesetz" (second changed law of the sea) after two years.

14. Insurance
For your own safety, we strongly recommend you to take out an insurance which refunds the costs that incur in case of cancelling the trip. If you have cancelled the travel contract due to a legitimate reason, the RRA usually refunds large amounts of the cancellation expenses that have been stipulated. In case of an advance or subsequent return journey, the additional travel expenses will be refunded as well. Furthermore we recommend to take out a "Rat & Tat-Packet" which provides all-embracing insurance coverage and which guarantees immediate aid in case of an emergency or disease. Turn to us for advice!

15. Place of jurisdiction
For traders, for persons whose place of general jurisdiction is not inland, as well as for persons who have abandoned their domicile or haunt inland after the conclusion of the contract or whose permanent residence or haunt is unknown by the time of bringing suit, the place of jurisdiction is Idstein.
16. Nullity of particular terms
The nullity of particular terms of the travel contract does not bring the nullity of the contract as a whole.

17. Data protection
Personal data, which you make available to us for a better handling of the trip, are protected against misuse under the terms of the federal data protection law.

18. Lump sum in case of cancelling
Generally 15 % of the travel charge; but at least 25,- EUR per person plus the following fees.

18. 1. Journey: Flights and ferries (data for persons who are older than two years)

a) Scheduled flights and ferries (all countries):
- Up to the 31st day before departure 25,- EUR per person,
- from the 30th day or after writing the tickets 100,- EUR per person, special charges according to the confirmation.

b) Special flights/transfers:
- Up to the 30th day before departure 20 %,
- from the 29th to the 7th day before departure 60 %,
- from the 6th day before departure 80 %
of the travel charge.

Transfers to boat harbours:
- Up to the 30th day before departure 20 %,
- from the 29th to the 22nd day before departure 25 %,
- from the 21st to the 15 th day before departure 30 %,
- from the 14th to the 7th day before departure 50 %,
- from the 6th to the 3rd day before daperture 65 %,
- from the 2nd day before departure 80%
of the travel charge.
If you cancel the trip on the day of departure or if you do not appear, the entire travel price will be charged.

c) Ferries: Irish ferries (Direct-ferry):
From the 30th to the 3rd day before journey 25 %, afterwards 100 % of the travel charge or the fees which are charged by other ferry companies.

d) Rental cars:
- Up to the 31st day before departure 15 %,
- from the 30th day before departure 50 %.

e) Summer cottages:
- February to the 45th day before departure 30 %,
- from the 44th to the 22nd day before departure 60 %,
- from the 21st to the 8th day before departure 75 %,
- from the 7th day before departure 100 %
of the rent.

f) Cabin of a cruiser - Ireland, camper:
- Up to the 45th day before departure 15 %,
- from the 44th to the 30th day before departure 50 %,
- from the 29 th day before departure 80 %.

g) Cabin of a cruiser - Spain:
- Up to the 45th day before departure 50,- EUR,
- from the 44th to the 30th day before departure 30 %
- from the 29th day before departure 100 %.

h) Boat chartering and angling boats - Spain:
- Up to the 61st day before departure 20 %,
- from the 60th to the 31st day before departure 30 %,
- from the 30th to the 15th day before departure 60 %,
- from the 14th day before departure 80 %.

i) Package tours - Kenya:
- Up to the 30th day before departure 15 %,
- from the 29th to the 22nd day before departure 20 %,
- from the 21st to the 15th day before departure 30 %,
- from the 14th day to the 7th day before departure 50 %,
- from the 6th day before departure 65 %.
If you cancel the trip on the day of departure or if you do not appear, 75 % will be charged.

j) For safaris, we just charge the cancelling fees which are charged by the services rendering agency.

18. 2.
Irrespective of the above-mentioned lump sum in case of cancelling, you are free to provide evidence that the amount of loss that we have met, is much lower, than the amount which results from the lump sum, or that we have met no loss at all.

19. Insurance that refunds cancelling expenses
The insurance that refunds cancelling expenses is compulsory for you: We charge 1,5 % of the travel charge as lump sum for this, but at least 10,- EUR per person. This insurance refunds:
- the expenses that you contractually owe the travel organisation or another person or company in the case that you do not go on the journey,
- the additional costs for the return journey in case of an advance or subsequent return, provided that the journey as well as the return journey is part of the covered arrangement,
- the additional expenses that the insured person has incurred for booked, but not used services in case of an abandonment of the trip.
The case of loss occurs, when the insured person cannot go on the journey or cannot abandon the journey according to schedule, e.g.
- in case of death, serious accident or unexpected serious disease of the insured person or another near family member (grandparents, parents, children, brothers and sisters, grandchildren),
- in case of a serious damage to the property of the insured person or another near family member, whom you are travelling with, by fire, elementary event or by a premeditative felony of a third person.
The insurance refunds costs up to the full amount of the travel charge (value of the booked trip respectively of the rent) with a participation of 26,- EUR per person, in case of loss due to illness with a participation of 20% of the damage, at least 26,- EUR per person.

 


 
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